Southern Upholstering Co. v. Lieberman
Court of Appeals of Georgia
Action on contract; from city court of Atlanta — Judge Reid. March 9, 1921.
1Opinion of the CourtJenkins, P. J.
1. The two contracts for the purchase and sale of merchandise, set forth in the separate counts of the petition, although each exceeded $50 in amount, did mot fall within the statute of frauds, because, under the allegations, the 1>uyer had accepted and paid for a part of the goods sold under such oral entire contracts, so as to bring the agreements within the excepting clause in subdivision 7 of section-3222 of the Civil Code (1910). Blumenthal v. Schneider, 21 Ga. App. 435 (94 S. E. 640).
2. The alleged contracts being entire, although providing for monthly deliveries of specified…
2Cases cited7 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Phosphate Mining Co. v. Atlanta Oil & Fertilizer Co.Court of Appeals of Georgia · 1917
- Jones v. FullerCourt of Appeals of Georgia · 1921
- Robson & Evans v. Hale & SonsSupreme Court of Georgia · 1913
- Seabrook Coal Co. v. MooreCourt of Appeals of Georgia · 1920
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
- Albany Federal Savings & Loan Ass'n v. HendersonSupreme Court of Georgia · 1945
- Holston Box & Lumber Co. v. Vonberg & BatesCourt of Appeals of Georgia · 1925
- Speer v. JohnsonCourt of Appeals of Georgia · 1934
- Norris v. JohnsonSupreme Court of Georgia · 1952
5 more not listed; retrieve them via the Exa API.